Reference: CCPR/C/105/D/1863/2009

Decision Year: 2012.07.19

Information Source: Follow-up Report on Views (Oct. 2014)

According to the Victim or his/her Counsel:

Committee's decision 113rd (CCPR/C/113/3): Follow-up dialogue ongoing in the four cases.

Committee's assessment 112nd (CCPR/C/112/3):

• (a) Thorough and diligent investigation: B2
• (b) Prosecution and punishment of those responsible: B2
• (c) Adequate compensation: B2
• (d) Publication of the Views: B2
• (e) Amending legislation: B2
• (f) Protection from acts of reprisal or intimidation: B2
• (g) Non-repetition: B2

Committee’s decision: Follow-up dialogue ongoing.

Committee's provisional assessment at Annual Report A/69/40 (VOL I): Maharjan:

• Remedy:
  • (a) ensuring a thorough and diligent investigation into the torture and illtreatment suffered by the author;
  • (b) the prosecution and punishment of those responsible;
  • (c) providing the author and his family with adequate compensation for all the violations suffered: D1 (No reply received within the deadline)

Committee’s decision: Follow-up dialogue ongoing in the three cases. The Committee’s recommendations were not implemented. A reminder was sent to the State party on 16 October 2013, requesting observations on case No. 1863/2009 (Maharjan), which are overdue. On 19 March 2014, the Special Rapporteur met with members of the State party’s delegation present for the examination of the State party’s periodic report.

Related Articles:

• Article 10 Article 2.3 Article 2.9 Article 7 Article 9

Keywords:

• Conditions of detention Effective remedy Torture / ill-treatment

Case Summary: link Click Here

Full Case:

• link En

Implementation

Committee's decision 113rd (CCPR/C/113/3): Follow-up dialogue ongoing in the four cases.

Committee's assessment 112nd (CCPR/C/112/3):

• (a) Thorough and diligent investigation: B2
• (b) Prosecution and punishment of those responsible: B2
• (c) Adequate compensation: B2
• (d) Publication of the Views: B2
• (e) Amending legislation: B2
• (f) Protection from acts of reprisal or intimidation: B2
• (g) Non-repetition: B2

Committee’s decision: Follow-up dialogue ongoing.

Committee's provisional assessment at Annual Report A/69/40 (VOL I): Maharjan:

• Remedy:
  • (a) ensuring a thorough and diligent investigation into the torture and illtreatment suffered by the author;
  • (b) the prosecution and punishment of those responsible;
  • (c) providing the author and his family with adequate compensation for all the violations suffered: D1 (No reply received within the deadline)

Committee’s decision: Follow-up dialogue ongoing in the three cases. The Committee’s recommendations were not implemented. A reminder was sent to the State party on 16 October 2013, requesting observations on case No. 1863/2009 (Maharjan), which are overdue. On 19 March 2014, the Special Rapporteur met with members of the State party’s delegation present for the examination of the State party’s periodic report.